Report No. 110 (2020) IACHR. Petition No. 735-07 (Mexico)

• Case Number: 735-07
• Year: 2020
• Report Number: 110
• Respondent State: México
• Case Type: Friendly Settlements
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Ismael Mondragón Molina

REPORT No. 110/20

PETITION 735-07

REPORT ON FRIENDLY SETTLEMENT

ISMAEL MONDRAGON MOLINA

MEXICO

Approved electronically by the C. on J...9., 2020.

OEA/Ser.L/V/II.

D.. 120

9 J. 2020

Original: Spanish

Cite as IACHR, Report No. 110/2020, P. 735-07 . Friendly Settlement. Isma el M......

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M.. M.. J...9., 2020.

www.cidh.org

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REPORT No. 110/20

PETITION 735-07

FRIENDLY SETTLEMENT

I..M.M...

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M...

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J..9., 20201

I. SUMMARY AND RELEVANT PROCEDURAL ASPECTS OF THE FRIENDLY SETTLEMENT

PROCESS

1. On J.....6., 2007, the Inter-American Commission on H.n Rights (hereinafter the

“C.” or “IACHR”) received the petition presented by Mr. E.M.....B. (hereinafter

“the petitioners” or “the petitioner party”). In which the international responsibility of the M...S. was

alleged for the failure to investigate the death of his 1-year-old and 11-month-old son, I..M.ndragón

(hereinafter the “victim”), due to medical negligence. S., attorney M.el Nava Alvarado became a

co-petitioner.

2. On October 26, 2012, the C. transmitted to the M. S. a copy of the pertinent

parts of the petition presented by Mr. E.M.gón, according to Article 30 (2) of its Rules of Procedure.

On August 18, 2016, the S. expressed its willingness to initiate a friendly settlement process, an offer that

was accepted by the petitioner on October 21, 2016.

3. In the framework of the 159 Period of Sessions of the IACHR, on December 5, 2016, the parties

signed a memorandum of understanding in which they expressed their i nterest in reaching the signing of a

friendly settlement agreement (FSA). In the document, the parties defined the work methodology for the

negotiation and the claims related to a) rehabilitation measures, b) satisfaction measures, c) guarantees of non-

repetition, and d) financial compensation.

4. On M. 14, 2018, the parties signed a Friendly Settlement A.eement whose

implementation has been supervised by the C.. In the same agreement, the parties jointly requested

the immediate approval of the FSA.

5. On the other hand, in the present friendly settlement report, as established in Article 49 of the

American Convention and Article 40.5 of the C.'s Rules of Procedure, a review of the facts alleged by

the petitioner is made, and the agreement signed on M. 14, 2018, by the petitioner and the representatives

of the M..S. is transcrib ed. L., the agreement signed by the pa rties and the publication of this

report in the Annual Report of the IACHR to the General Assembly of the Organization of American S.s is

approved.

II. THE ALLEGED FACTS

6. The petitioners alleged that on December 15, 2004, the boy I..M. ndragón M., one

year and 11 months old, had undergone cranial surgery at the Children's Hospital of the S. of Sonora, a public

institution, and he would have died after it due to medical negligence. In this sense, the National C.

of H.n Rights would have carried out an investigation in the file CEDH / II / 22/01/050/2005, in which it

concluded that "malpractice in medical care granted by Dr. J...M..a..O..V.ez was observed”. Sinc e

there was no merit or evidence that alterations were made to the facial mass, the area of competenc e of the

maxillofacial surgeon and that the craniosynostosis performed on the child was a surgery typical of the field of

a pediatric neurosurgeon.

7. A., the petitioners alleged that the investigation would have found that the type of

disease suffered by Ismael M.’s must have been operated on early, since the passage of time increased

1 C..J..H., a M. national, did not participate in the discussion and decision in this case, under Ar ticle

17.2.a) of the IACHR Rules of Procedure.